Guangzhou huaqi Intellectual Property deputize Ltd

Property standards review


                           USPTO
                     State Administration for Industry and Commerce
                          Property Assessment Committee



December 2005


The first part should not be used as trade marks to the review
A legal basis
"Trademark Law" for the 10th of the following signs shall be used as a trademark :
(1) of the People's Republic of China with national name, national flag, national emblem, flag and the Medal of the same or similar, and with the location of the central and state authorities the names of specific locations or landmark buildings of the name, the same graphics;
(2) with the names of foreign countries, the national flag, national emblem, flag the same or similar, but the government agreed to the exception;
(3) with the inter-governmental international organization's name, flag, emblem identical or similar, but by the organization agrees or not to mislead the public with the exception;
(4) stated that control, be guaranteed by the official logo imprint test the same or similar, but with the exception of authorized;
(5) with the "Red Cross", "Red Crescent," the name, emblem identical or similar;
(6) with the ethnic discrimination;
(7) exaggerated propaganda and deceptive;
(8) harmful to the socialist morality, or any other adverse effect.
County-level administrative divisions over the names known to the public or foreign names, not as a trademark. However, other names have meaning, or as a collective marks, certification marks with the exception of components; The use of the registered trademark names continue to be effective.
2, the correlation
Not as trade marks, refers to the "Trademark Law" Article 10, paragraph 1, of the use of the trademark should not be used as a symbol and the provisions of paragraph 2 shall be as trademarks and above the county level in China's administrative division names known to the public and foreign names. The third part of Article 11, to the "Trademark Law" of the 10th, with the understanding, of the applicable note to be followed.
3, the People's Republic of China with national name, national flag, national emblem, flag and the Medal of the same or similar to, and in conjunction with the Central States

Home organs specific locations where the name or signature buildings of the name, the same graphics
This article, a "national title", including full name, abbreviations and acronyms, our national name is the name of the "People's Republic of China," which is abbreviated as "China" and "Chinese", the English abbreviation or acronym of "CN", "CHN", "R. . C "," CHINA "," P. R. CHINA, "and" PR OF CHINA ";" the flag "is the five-star red; the national emblem in the middle of the five-star shining on the Tiananmen Square, and is surrounded by mill gear; the "flag" is the PLA " August 1 "flag of the Phoenix flag, decorate the upper left corner of the five-pointed yellow star and the" August 1st "word;" Medal "is awarded to the state departments of the state, society or people who have contributed to the organization said the honorary badge;" the central state organs specific location or locations landmark buildings "including" Zhongnanhai "," Diaoyutai "," Tiananmen "," Xinhua Gate, "" here "and" dealt "and" here. "
(1) with our country the same name or similar
1. Mark the letter, a letter with our country constitute the same name, as determined with our country the same name.
For example :

2. Trademark meaning, pronunciation or appearance of our national name similar to easily make the public misconception that the name of our country, the edges of our country's name and approximate.
For example :
   Designated goods : clothing
     Designated services : rental real estate
It will not make the mistake of excluding the public.
For example :
    The use of designated commodities : Computer
( "CHAIN" translated as "chain")
The use of designated commodities : spices and spice plant (oil)
(No meaning)
3. Trademarks with our country containing the same or similar names to the letter, the determination of our country's name and approximate.
For example :
    The use of designated commodities : toys, for Aerobics and leg
    The use of designated commodities; Paper, publications,
   Designated services : Advertising
But one of the following cases, except :
(1) is an objective description of the things that will not make the mistake of the public.
For example :
     The use of designated commodities : cosmetics
     Designated services : bars
(2) Property containing names of countries and China share identical or similar language, but its overall newspapers, journals, magazines or legally registered names of the institutions names.
For example :
    Designated services : motor transport, air transport
    The use of designated commodities : newspaper
     Designated services : legal services
(3) China's trademark applicants contained in our country name with other notable characteristic symbol of the mutual independence, the name alone says that an applicant with the role of the State.
For example :

Applicants for foreigners or foreign enterprises, judged to easily mistake occurred and the public have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
For example :
Applicant : (Belgium) PAPERLOOP S.P.R.L.
(2) with our national flag, national emblem identical or similar to the
1. The letter marks, graphics, or its combination with our flag (the five-star red), the national emblem or the name of the same or similar design, will be sufficient to enable the public with our flag, the national emblem linked to the edges of China's national flag, national emblem identical or similar.
For example :

2. Property contain "five-star", "red" or the words "five-star logo", "red logo", but will not make public its link with the national flag, and not-for our flag, the national emblem identical or similar.
For example :
       The use of designated commodities : Fertilizers
      The use of designated commodities : beer
(3), with our flag Medal of the same or similar
1. The letter marks, graphics, or its combination with our flag or the name of the same or similar design, so that the public can be linked with the flag, the edges of our flag with the same or similar.
For example :
Property contain "flag" words, but pronunciation, meaning, or appearance differs significantly from the military, so as not to cause public except for the guy.
For example :
      The use of designated commodities : wallets, suitcases
2. The letter marks, graphics, or its combination with our Medal of the name, logo identical or similar enough so that the public will be given the Medal and its linked to the edges of China's Medal with the same or similar.
For example :

(Independent Medal of Freedom) (Liberation Medal) (Order of August 1)
(4) the same location of the central and state authorities the names of specific locations or landmark buildings of the name, the same graphics
For example :



4, with the names of foreign countries, the national flag, national emblem, flag the same or similar
This section of the names of countries, including Chinese and foreign languages full name, abbreviations and acronyms; The flag is from the official representatives of the national flag; The national emblem is the official representative of the national symbol; National flag is the official representative of the national army's banner.
(1) Property and foreign countries the same name or similar
The letter constitutes trademark and other countries of the same name, is judged to foreign countries with the same name. The letter marks with foreign countries or similar names with foreign countries contain the same or similar names to the letter, found with names similar to foreign countries.
For example :
( "FRANCE" translated as "French") the use of designated commodities : bag
The use of designated commodities : paint
     The use of designated commodities : tea drink (water), cola
      Designated goods : clothing
       The use of designated commodities : cigarette filters
( "CANADA LIGHT" translated as "Canadian Light")
( "FRANCE" translated as "France")
But one of the following cases, except :
1. By the government's consent.
The application of the provisions, the applicant must submit the written consent of the government documents. Applicants on the mark in the foreign has been registered, as the foreign government agrees.
2. The other with a clear meaning that they will not cause the public misconception.
For example :
        Designated goods : clothing, shoes, neckties
(With the French name "FRANCE" a difference of two letters, but the English meaning of "frank and sincere" is also commonly used English names "Frank")
         Designated goods : clothing
(TURKEY Turkey with the same name, but the English meaning of the "turkey")
3. With foreign trademark name of the formerly identical or similar.
For example :
        (Formerly the United States) to use the designated goods : clothing
But the public is likely to mistake the origin of goods, is judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
For example :
   The use of designated commodities : Ginseng
(Thailand formerly) the use of designated commodities : rice
4. The letter from the trademark easy it is to make the public believe that two or more Chinese names listed combinations will occur so that the public misconception of origin.
For example :
The use of designated commodities : hammer
(China and Thailand, Chinese listed in the portfolio)
   The use of designated commodities : lighting devices
(China and France, Chinese listed in the portfolio)
But the public is likely to mistake the origin of goods, is judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
For example :
The use of designated commodities : Wine
5. Trademarks with foreign countries contain the same or similar names to the letter, but its overall corporate name but consistent with the applicant's name.
For example :
(English translation is "Deutsche Bank")
Applicant : Deutsche Bank, the designated use of services : financial services
   (English translation is "Singapore Airlines")
Designated services : air transport services
Applicant : Singapore Airlines
Designated goods : clothing
(English translation of "The United States Polo Association")
Applicant : The United States Polo Association
6. Property contained names with other notable characteristic symbol of the mutual independence, the name alone says that an applicant with the real role of the State.
For example :
( "ITALIANO" translated as "Italian")
Applicant : (Italy) CIELO TERRA E DELKOR
(2) Property and foreign flag, emblem and flag of the same name or logo or similar
The letter marks, graphics, or its combination with a foreign flag, national emblem, flag or the name of the same or similar design, will be sufficient to enable the public with a foreign flag, the national emblem linked to the determination with a foreign flag, the national emblem identical or similar.
For example :
(English translation is "the British flag")
      Approximate with the American flag
     With the Italian flag approximate
But after the government agreed to the exception. The application of the provisions, the applicant must submit the written consent of the government documents. Applicants on the mark in the foreign has been registered, as the foreign government agrees.
5, with the inter-governmental international organization's name, flag, emblem identical or similar to the
This section of the inter-governmental international organization, refers to a number of countries and regions in order to a specific purpose through treaties or agreements on the establishment of certain regulatory bodies. For example : the United Nations, the European Union, the Association of Southeast Asian Nations, the Organization of African Unity, the World Trade Organization, the World Intellectual Property Organization. International organizations, including the full name of the name, abbreviation or acronym. For example : the United Nations English called the United Nations, the initials of the UN; The European Union called for the EU in Chinese, English called the European Union, the initials for the EU.
The letter constitutes trademark, or its graphic appearance portfolio sufficient to enable the public to have its inter-governmental international organization's name, flag, emblem linked to the determination of the government and the international organization's name, flag, emblem identical or similar.
For example :
( "UN" for the United Nations in abbreviation)
(WTO for the World Trade Organization in abbreviation)
(APEC APEC to the English abbreviation)
But one of the following cases, except :
1. After the inter-governmental international organizations agree. Application of the provisions of this article, the applicant must submit the relevant documents.
2. Have a clear meaning or other specific forms, which is not easy to mislead the public with the exception.
For example :
   Designated services : marketing (for others)
( "WHO" and the English acronym for the World Health Organization letters constitute the same, but with a clear meaning "Who")
       The use of designated commodities : Gravimeter
( "UN" with the initials constitute the same letter, but the overall performance of special forms)
6, and shows the implementation of control, as a guarantee of official signs, test imprint of the same or similar
This section of the official signs, test generation, is the official body to show its product quality, performance, components, raw materials and such control, or to be tested to ensure that the logo or mark.
For example :

(China Compulsory Certification mark) (Kohl's logo)
The letter marks, graphics or its composition sufficient to enable the public to show its implementation and control, be guaranteed by the official logo imprint tests linked to the determination of the official logo imprint of the same test or similar.
For example :
   The use of designated commodities : lighting equipment and installations
   The use of designated commodities : Valve (machine parts)
But one of the following cases, except :
1. After the official body authorized. Application of the provisions of this article, the applicant must submit a written authorization documents.
2. Have a clear meaning or other specific form of expression, so as not to mislead the public.
For example :
The use of designated commodities : phone battery; Mobile phone charger
     The use of designated commodities : faucet, shower Equipment
7, the "Red Cross", "Red Crescent," the name, emblem identical or similar to the
In this article, "Red Cross" (see figure 1) is marked by international humanitarian protection signs of the armed forces medical institutions specific signs, the Red Cross is special symbol. "Red Crescent" (see figure 2) of the Arab countries and some Islamic countries for the Red Crescent and the nature and functions of the Red Cross symbol with the same logo. The Red Cross Red Cross symbol is white; Red Crescent emblems of the left or right bending bending Red Crescent.

        (Figure 1) (Figure 2)
(1) constitute trademark characters, graphics appearance or its composition with the "ICRC", "Red Crescent," the name, logo in visual basic differences, and to determine the name, logo the same.
For example :

( "Red Cross as" Red Cross ") (" red cresent "translated as" Red Crescent ")
(2) constitute trademark characters, graphic enough to make public appearance to think erroneously that "the Red Cross", "Red Crescent" of the name, logo, the edges of the "Red Cross", "Red Crescent," the name, logo similar.
For example :
         The use of designated commodities : medical drugs
But with the clear meaning or other specific form of expression, so as not to mislead the public with the exception.
For example :

The use of designated commodities : the use of fire-fighting equipment designated commodities : printing inks and pigments
8, with the ethnic discrimination
This section of ethnic discrimination, refer to trademark the letter, graphics or other elements with a pair of specific nationalities smear, discredit or other inequality view the contents of the nation. The ethnic discrimination should be considered determine the composition of trademark and its designated use of goods and services.
(1) the letter constituted trademark and name of the same ethnic or approximate, and it defames or belittle specific ethnic, nationalist convicted for sexual discrimination.
For example :
The use of designated commodities : sanitary ware
But it is clear no other meaning or nationalism discriminatory exclusion.
For example :
   The use of designated commodities : Pai
    The use of designated commodities : a full set of baby clothing
(2) Property of racial discrimination, is judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
9, exaggerated propaganda and deceptive
This article exaggerated propaganda and misleading trademark is its designated use of goods or services, such as the quality of the inherent features over the extent that easy for the public to the goods or services of the quality characteristics of a wrong understanding.
The letter marks or graphics on designated commodities or services of the quality of exaggerated features, thereby deceiving the public, convicted of exaggerated propaganda and deceptive.
For example :
   The use of designated commodities : Liquor
The use of designated commodities : mineral water
But not for the exaggerated propaganda, misleading the public with the exception.
For example :
       The use of designated commodities : insomnia using hypnosis mattresses
10, harmful to the socialist morality or any other adverse effects

This section of socialist morality, China refers to the common life and the standard of behavior, norms and society in a certain period of time on the pop culture and good habits; Other adverse effects, refer to trademark the letter, graphics or other elements of the country's political, economic, cultural, religious, ethnic and other social and public interests and public order have a negative, the negative impact. Harmful to socialist morality, or otherwise adversely affect the judgment should consider social background, political background, historical background, cultural traditions, customs, religion and other factors, and should consider the composition of trademark and its designated use of goods and services.
(A) harmful to the socialist morality
For example :

(2) having a political impact on the poor
1. With national, regional or international organizations, political leaders names the same or similar.
For example :

(Putin as Russian President)
2. Undermine the sovereignty, dignity and image.
For example :
(Containing incomplete map of China)
(Taiwan colonialists right of the description)
3. From the political significance of the digital components.
For example :

4. With terrorist organizations, cults, triads name or names of its leaders the same or similar.
For example :
(3) harmful to the dignity or racial feelings
For example :

                         Translated as "white devils (black on white 07:48)"
(4) harmful to the religious beliefs and religious feelings or beliefs of the civil
The standards include the religion of Buddhism, Taoism, Islam, Christianity, Catholicism, as well as the different religious sects branch. The standard of folk beliefs mainly refers to Matsu as folk beliefs.
Property is one of the following situations, judged to be harmful to religion, religious feelings or folk beliefs.
(1) civil or religious beliefs idol name, graphics, or its portfolio
For example :
(Buddhist idols)
(Taoist idols)
(Folk Beliefs)
(2) sites for religious activities, the names of places, graphics or its portfolio
For example :
(MECCA the meaning of the religious sites "Mecca")
(View common name)

(3) religious sects, classics, language, rituals, customs and the religious name, image
For example :

Property is one of the following cases, the contractor is not harmful to the religious feelings of religious or folk beliefs :
(1) According to the State Council in 1994 Decree No. 145, religious organizations or groups can be set up self-nurturing enterprises, and the other will not harm the interests of venues for religious activities under the premise of religious organizations and their authorized by the religious enterprises to belong to the sites for religious activities in the name as a trademark registration .
For example :

Applicant : China Songshan Shaolin Temple applicants : Beijing Oct.18 Management Service
(2) trademark the letter or graphics Although civil or religious belief, but with its other meaning or associated with the religious meaning has been generalized so that the public will not be with a particular religion or non-belief linked.
For example :
   (Taoist Tai Chi map signs, but has generalization)
(This is a hill, Putuo Zhejiang, Guizhou Shibing County, Liaoning Huanren County this name exists in the mountains)

(5) and all of our political parties, government institutions, social groups and other units or organization's name, logo identical or similar to the
This section of political parties including the Communist Party of China and democratic parties are collectively referred to as the eight political parties, the Revolutionary Committee of Chinese Kuomintang, China Democratic League, China Democratic National Construction Association, China Association for Promoting Democracy and Workers Democratic Party, China Zhi Gong Dang, Jiusan Society, Taiwan Democratic Self-government League; this section includes the names of the full name, acronym, initials, etc.; this section of the signs include badges and flags.
For example :
   (Democratic National Construction Association, China Democratic National Construction Association acronym)
     (China Customs emblem approximate)
    (China Consumer Association and the same logo)
(6), and China's party and government organs of the military posts or administrative duties and title of the same name
This section of the party and government organs, including the Chinese Communist Party organ, the NPC organs, organs of democratic parties, CPPCC organs, administrative organs, judicial organs and procuratorial organs. For example : the executive office, including the Prime Minister, ministers, Board (Division) long, the Director, Chief, Section officer so. The military commander of administrative duties including, teachers, heads, battalion commander, company commander and platoon leader; Army generals, including the title is a four-general, who will, Major General, that four senior field-grade officers, colonel, lieutenant colonel, major, three second lieutenants that the captain, lieutenant and second lieutenant, etc. .
Mark my words with the party and government organs of the military posts or administrative duties and title of the same name, easily judged to have an adverse impact.
For example :

But with China's party and government organs and the military posts or administrative duties and title of the same name or similar words, it has no other meaning except to mislead the public.
For example :
(7) legal tender with the logo, name or mark identical or similar to the
For example :
(Yuan symbol) (euro symbol)
(Denmark currency name "EK") (dollars "dollar")
(8), is likely to mislead the public
1. Easy to public goods or services, such as the quality characteristics of the produce guy
For example :

The use of designated commodities : furniture
2. Well known to the public the names of books, books on the use of designated commodities
For example :

3. Public familiar with the name of the game, the designated use of the electronic game consoles or procedures, such as the carrier of goods and related services
For example :

The use of designated commodities : video game images and voice software
4.Well known to the public films, television programs, radio shows, songs of the name, designated in the film, television and audio-visual vector of films, videos, records, CDs (audio and video) tape, and other goods and related servicesFor example :
The use of designated commodities : animation The use of designated commodities : LP

The use of designated commodities : tape
(9) trademark names constituted by or includes business name, the name and the name of the applicant substantive differences likely to occur public goods or services from sources of guy.
1． This section includes the business name, full name, title, and the Chinese name, English name and the name of the pinyin system, etc..
2． Trademark names contained in the administrative division or geographical names, size, industry or operating characteristics, organizational forms are inconsistent with the applicant's name, with the applicant to determine the name of the substantive differences.

For example :
    The use of designated commodities : computer software
(Applicant : Wang stone)
Designated goods : clothing
(Applicant : Experience Weifang Clothing Limited)
    The use of designated commodities : meat
(Letter to "Beijing Maunsell Park meat products plant," the alphabet; Applicant : beautiful Chu)
Designated services : hospitals, veterinary assistance, animal keepers
(Applicant : Zheng Bo Yang)
     Designated services : schools (education)
(Applicant : Pre-dimensional Beijing he Technology Ltd.)
The use of designated commodities : vehicle-way
(Applicant : Dongfeng Automobile Company)
But trademarks contained names of the applicant organization and the organizational form of inconsistency, but in line with commercial practice does not make public the sources of goods or services, except the mistake occurred.
For example :
     The use of designated commodities : plastic packaging
(Applicant : [Taiwan] Macro International Inc. CHAIRMAN)
     The use of designated commodities : Robot (mechanical)
(Applicant : Shenyang new song Robot Automation Co., Ltd.)
     The use of designated commodities : furniture with non-metallic Annex
(Applicant : Shanghai Yongchun decorative Limited)
     The use of designated commodities : metal ropes
(Applicant : Stock Limited)
     The use of designated commodities : sausage
(Applicant : Shenyang - xiang Andean food Ltd.; English names can be considered as an applicant)
(10) have other adverse effects
For example :

( "World Expo" to "2010 Shanghai World Expo bid office of the leading group," the short, easy marks for its consumers with activities linked to the 2010 World Expo, misleading.)
(The trademark graphics and the Macao Special Administrative Region flag logo approximate)
11, containing the names of trademark review
This section of the administrative division of county level and above the county level, including the county, county, county, municipal and district; To rank the cities, prefectures and regions, UNITA; Provincial level of the provinces, municipalities, autonomous regions; Two Hong Kong Special Administrative Region, Macao; Taiwan region. Administrative divisions above the county level in China's Ministry of Civil Affairs names published in the "People's Republic of administrative divisions booklet" prevail.

This section above the county level, including the Chief Full Name, or above the county level and in the provinces, autonomous regions and municipalities, provincial capitals, autonomous regions, the famous tourist city of phonetic form.
This section of the public knowledge of foreign names, China refers to the Chinese public know of other countries and regions in the names. Names including full name, title, and the name and the common language of Hansard.
This section with the names of other meaning is defined as a glossary names identified with the meaning of the meaning of the name - in the meaning of misleading the public.
(1) contains Place above the county level administrative review of the Trade Marks
Mark administrative division of county level and above names constitute, or contain administrative division of county level and above names, and China is judged to administrative division of county level and above to the same names.
For example :
      But one of the following cases, except :1. Other names with the meaning of the meaning of place names in strong terms.
For example :
          & Nb sp; & Nb sp;

2. Mark names and other written form and on the whole with the notable features, so that the public will not occur mistaking the origin of goods.
for example:

(Tourism - swear) the use of designated commodities : cosmetics
The use of designated commodities : mustard
The use of designated commodities : Liquor
3. Applicant names containing the name, the applicant his full name as a trademark registration.
For example :
     The use of designated commodities : tea, spices
(Applicant : Hasegawa spices (Shanghai) Co., Ltd.)
     The use of designated commodities : with adhesive tape
(Applicant : Home Limited)
       Designated services : restaurants, hotels
(Applicant : Beijing Hotel)
4. Property from two or more than two administrative divisions of names referred to the composition, so that the public will not occur origin characteristics of the guy.
For example :
     The use of designated commodities : Fertilizers
But it is easy to enable consumers to their designated the origin of goods or services of such characteristics as the mistake occurred, judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
For example :
     Designated services : tourism
5. Trademark provinces, autonomous regions, municipalities, provincial capitals, autonomous regions, the famous tourist city outside of names in Pinyin form constitutes, without the public will occur mistaking the origin of goods.
For example :
    The use of designated commodities : transmission devices (machines)
(TAI semiconductor and Taixing City, Jiangsu Province in the same alphabet)
      The use of designated commodities : Bicycle
( "XIANG HE" Xianghe County, Hebei and the same spelling)
6. Names as a collective marks, certification marks component parts.
(2) containing known to the public the names of foreign trademark review
<A _Toc111262582 name => trademark known to the public by the foreign names consisting of, containing or public knowledge of foreign names, and the edges of the public knowledge of the same foreign names.
For example :
(California) designated for use commodities : beer, mineral water,
(Greece Olympia) designated use, goods : clothing
&, Nbsp;
(Berlin, Germany), the use of designated commodities : beer
(Warsaw, Poland), the designated use of goods : shoes
But trademark known to the public by the foreign names and other written form, with a whole other meaning but in its use of designated commodities so that the public will not occur origin with the exception of guy.
For example :
   The use of designated commodities : a briefcase, umbrella
(London fog as a natural phenomenon) ,

(3) constitute trademark characters and above the county level in China's administrative division names known to the public or foreign names different, but the characters, pronunciation, similar enough so that the public mistook for place names, thereby realizing the mistake of origin, is judged to have a negative impact, applied the "Trademark Law" of the 10th the first paragraph of Article (8) of the dismissal.
For example :
The use of designated commodities : liquor (beverage)

The use of designated commodities : Wine (alcoholic).
(4) mark this section of the public outside of our known names constitute or contain such names, the use of the specified goods, the public is likely to mistake the origin of goods, is judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the provisions dismissed.
For example :
   The use of designated commodities : rice, maize (mill before).
However, the designated use of goods with the instructions or geographical location is no specific links so that the public will not occur origin with the exception of guy.
for example：
   The use of designated commodities : motorcycle, bicycle, boat
(5) trademarks contained names with other notable characteristic symbol of the mutual independence, only with real names, said the location of the applicant, do not apply the "Trademark Law" Article 10, paragraph 2.
For example :

Applicant : YANG Hong to the applicant : Phoenix Co.
Address : Wuqing District of Tianjin Address : Shanghai Pudong New Area

Harbor Branch selling a South Street pond on the 20th
( "GENEVE" translated as "Geneva")

Applicants：QUINTING S.A.

Address : Geneva, Switzerland ( "Paris" translated as "Paris")
Applicant : SYLVIE JESSUA
Address : 11, quai de la Gironde, F-75019 Paris

Trademark names contained inconsistent with the location of the applicant, the public is likely to mistake that is judged to have a negative impact, applied the "Trademark Law" Article 10, paragraph 1 (8) of the dismissal.
For example :
（“NEW YORK”译为“纽约”，“PARIS”译为“巴黎”）
Applicant : Beijing Spirit Philip Crotty Named Head Apparel Company
( "Paris" translated as "Paris")
Applicant : SERGE LOUIS M. ALVAREZ
Applicants Address : 18 RUE Robin, BP 148 F-26905 VALENCE CEDEX 9 (FRANCE)
( "GENEVE" translated as "Geneva")

Applicant : Fuleiderui TX Staunton Holdings Ltd.
Applicants Address : Islands offered by Helanande

The applicant is a natural person, to its location resident identity card or passport contained in the address later; Applicants for legal persons or other organizations, and its business license to the location specified in the reference is to be home.

The second part of the notable features of trademark review
A legal basis
"Trademark Law" in Article 11 of the following signs may not registered as a trademark :
(1) the commodity only generic names, graphics, the models;
(2) directly, said only the quality of goods, raw materials, function, use, weight, volume and other characteristics;
(3) the lack of notable characteristic.
Signs shall be listed after the use of notable features, and ease of identification, can be registered as marks.
2, the correlation
Trademark notable feature is the trademark should have enough to make a distinction between public goods related to the characteristics of the source. Trademark notable features of the judgment to be considered together constitute trade marks to itself (meaning, constitute a call and appearance), trademarks designated use of goods and commodities designated trademarks of public awareness habit, the use of commodities designated trademarks of their respective trades actual use of such factors. This part of the third to the seventh of the "Trademark Law", stipulated in Article 11, item understanding and application followed by an explanation.
3, the only commodity the common name, graphics, the models
This article, a common name, graphics, model, refers to the state standards, the industry standard or common name, graphics, models, which include the generic name, acronym, initials, commonly called.
(1) the use of designated commodities only generic names
For example :
The use of designated commodities : Ginseng
The use of designated commodities : Abrasives (hand tools)
( "Muller," can be translated as "grinding")
(2) the use of designated commodities only generic graphics
For example :
The use of designated commodities : fruit
The use of designated commodities : soles
(3) use only designated commodities GM models
For example :
The use of designated commodities : plastic
Designated goods : clothing
The use of designated commodities : air-conditioning
(ZK : modular air-conditioning class, codenamed T : GM unit code)
4, the only direct said the quality of goods, raw materials, function, use, weight, volume and other characteristics of the
In this article only directly, said the trademark only by means of the designated use of the quality of commodities, raw materials, function, use, weight, volume and other characteristics that have a direct narrative and descriptive signs pose.
(1) said only direct use of the designated product quality
For example :
The use of designated commodities : oil
The use of designated commodities : wheat flour
The use of designated commodities : rice
But not only directly, said the use of designated commodities with the exception of quality.
For example :
The use of designated commodities : meat, edible oil

(2) only direct use of designated commodities, said the main material

For example :
The use of designated commodities : Condiments
Designated goods : clothing
The use of designated commodities : non-medical nutrition, candy
But not only directly, said the use of designated commodities with the exception of raw materials.
for example：
The use of designated commodities : canned fruit, jam

(3) designation, said only direct use of the commodity, used

For example :
The use of designated commodities : leakage protection devices
( "SAFETY" in the sense of "safety, insurance")
The use of designated commodities : gas purification devices
The use of designated commodities : non-medical nutrition
(4) only direct use of designated commodities, said the weight, quantity
For example :
   The use of designated commodities : rice
    Designated goods : cigarettes
(5), said only direct use of designated commodities other characteristics
1. Designated said only direct use of specific consumer goods targeted
For example :
The use of designated commodities : non-medical nutrition
The use of designated commodities : medical surgical gloves
2. Said only direct use of the designated commodity prices
For example :
   The use of designated commodities : tape, optical disc (audio-visual), spectacles
    Designated services : marketing (for others)
3. Designated said only direct use of the contents of the commodity
For example :
The use of designated commodities : CDs, computer software (recording)
The use of designated commodities : computer software

4．Said only direct use of designated commodities or flavor in style

for example：

The use of designated commodities : furniture
The use of designated commodities : biscuits

5. Designated said only direct use of commodity use, and methods of the
For example :
Designated services : education, book publishing
The use of designated commodities : instant noodles
6. Designated said only direct use in the production of commodities Process
For example :
Designated goods : clothing
The use of designated commodities : Budd

7. Designated said only direct use of commodity production location, time of year
For example :
     Designated goods : cigarettes
(Translated as "the United States, local products")
      The use of designated commodities : Liquor
8. Designated said only direct use of the form of commodities
For example :
The use of designated commodities : Portland, industrial plastic
(Translated as "solid")
   The use of designated commodities : non-alcoholic beverage
( "Crystal fruit" drinks for a solid form)
9. Said only direct use of goods designated for the duration, durability or service time
For example :
   Designated services : radio, cable
   Designated services : bank
10. Said only direct the sales places or geographical scope of
For example :
   The use of designated commodities : RESTAURANT
   The use of designated commodities : Liquor
11. Direct said only the technical characteristics of
For example :
   The use of designated commodities : payphones
   The use of designated commodities : bathroom installations
   The use of designated commodities : antifreeze

(6) Property said its designated use of the quality, raw materials, function, use, weight, volume and other characteristics, if the designated use of goods with the characteristics of the application "Trademark Law" Article 11, paragraph 1 (b) above; If the designated use of goods do not have the characteristics, which may mislead the public and applicable "Trademark Law" in Article 10, paragraph 1 (8) of the Ordinance. For such cases, should apply the above two provisions be dismissed.

For example :
The use of designated commodities : non-medical nutrition powder, spices
The use of designated commodities : biscuits, condiments

5, the lack of other notable features
Other notable features of the lack of signs is "Trademark Law" Article 11, paragraph 1 (a), (b) other than in accordance with the concept of community itself is usually used as a trademark or the use of designated commodities lacks sources of merchandise signs.
(1) The lines are too simple, ordinary geometric shapes
For example :

However, the above lines, geometric shapes and text or other elements of the overall portfolio with the notable features of the exception.
For example :
      The use of designated commodities : EAF
     The use of designated commodities : Liquor
(2) is too complicated language, graphics, numbers, letters or a combination of the above elements
For example :
The use of designated commodities : tea, tea drinks
The use of designated commodities : candy
(3) a general or two manifestations of the alphabet
For example :
        Designated goods : clothing
      The use of designated commodities : watches, bell
But non-ordinary fonts or other elements with the overall composition of the notable features is the exception.
For example :
       The use of designated commodities : jewelry
        Designated Commodities : Oil sewing machines
(4) The general form of Arabic numerals for use in specified so accustomed to digital models or on the box of goods
For example :
    The use of designated commodities : lipstick
    The use of designated commodities : disinfectant
But manifestations of non-ordinary or with the other elements of the overall portfolio with the notable features, or for use in specified figures do not model or on the box of goods with the exception.
For example :
     The use of designated commodities : industrial resin
       The use of designated commodities : animal feeding equipment
(5) the use of designated commodities commonly used packaging, container or decorative patterns
For ex, ample :
    Designated goods : cigarettes
    The us, e of designated commodities : Liquor
The use of designated commodities : dishes
But other elements of the overall portfolio with the notable features of the exception. For example :

The use of designated commodities : mineral water use designated goods : chocolate pieces
(6) a single color
For example :

(7) non-original goods or services said the characteristics of the sentence or phrase
For example :
The use of designated commodities : box, packet
(On the use of objects guide)
The use of designated commodities : Feed
(Hinted that the use of commodity effect)
But in non-original or with other popular elements with the overall composition of the notable features of the exception.
For example :

The use of designated commodities : tablet designated commodities : industrial adhesive

Designated services : insurance designated commodities : Chinese medicine
(8) the industry or related industries commonly used trade names of places
For example :
      Designated services : clothing
    Designated services : marketing (for others)
But other elements of the overall portfolio with the notable features of the exception.
For example :
       Designated services : marketing (for others)
     The use of designated commodities : metal floors, metal utensils
(9) the industry or related industries in general terms or business signs
For example :
    The use of designated commodities : Computer software (recorded)
   The use of designated commodities : Rookie Tools
But other elements of the overall portfolio with the notable features of the exception.
For example :
    Designated services : marketing (for others)
    Designated services : beauty salons
(10) Business forms of organization, the name or abbreviation industry
For example :
       The use of designated commodities : print publications
( "INC" into the "Company")
        The use of designated commodities : print publications
   The use of designated commodities : Hoisting Machinery
( "Heavy" is the heavy industrial sectors of the acronym)
But with other elements and the overall with the notable features of the exception. For example :
The use of designated commodities : Audio equipment
( "INC" into the "Company")
The use of designated commodities : excavator

6, trademarks do not have to contain the notable features of the mark of review
This section does not have the notable features of the logo, trademark is the use of designated commodities common name, graphics, models, as well as direct use of designated commodities, said the quality of raw materials, function, use, weight, volume and other characteristics of the signs.
(1) the mark does not have the notable features of the logo and other elements, which do not have the notable features of the logo should be designed with the characteristics of the commodity line, or on the basis of business practices and consumer habits, will not cause related public misconception.
For example :
       The use of designated commodities : nano calcium carbonate
Designated goods : clothing, shoes
   The use of designated commodities : cupboard, office furniture
   The use of designated commodities : sports equipment
With trademark contain some of the notable features of the signs, the applicant can "goods and services classification" on the basis of the use of designated commodities limited, thus enabling the Central African trademark notable characteristic symbol of the description of the contents and use of goods specified characteristics consistent.
For example :
       The use of designated commodities : juice (orange juice)
      The use of designated commodities : nano clothing
     The use of designated commodities : mahogany furniture
(2) the mark does not have the notable features of the logo and other elements, the use of the designated commodities easily related to public goods characteristics of the produce guy, even if the applicant to renounce the exclusive right, should apply the "Trademark Law" Article 10, paragraph 1 (8) of I to dismissed.
1. Easy related to public goods of the type guy.
For example :
    The use of designated commodities : tea, sugar, chocolate, cake
   The use of designated commodities : Feed
2. Easily occurred related public goods models of guy.
For example :
The use of designated commodities : Binder
3. Easy to make public relevant to the quality of goods happened to the guy.
For example :
The use of designated commodities : gold imitation products, necklaces, rings
   The use of designated commodities : fresh vegetables
4. Easy to make public the relevant commodity raw materials happen to the guy.
For example :
       The use of designated commodities : juice drinks (beverages)
    The use of designated commodities : toilet paper
5. Easy related to public goods, used the mistake occurred.
For example :
     The use of designated commodities : human drugs
    The use of designated commodities : human drugs
6. Easy-related public goods weight, the number of mistake occurred.
For example :
       The use of designated commodities : mineral water
   Designated goods : cigarettes
7. Easy-related public goods flavor happened to the guy.
For example :
      The use of designated commodities : beer, mineral water and soft drinks
(Translated as "flavored")
       The use of designated commodities : biscuits
8. Easy to make public the relevant commodity prices occurred on the guy.
For example :
       The use of designated commodities : tape, optical disc (audio-visual), spectacles
        The use of designated commodities : candy, bread
(The trademark of "SALES; LOW PRICES EVERY DAY "can be translated as" cheap sale; Every day low prices ")
9. Easy-related public goods production time the mistake occurred.
For example :
The use of designated commodities : Liquor
But according to business practices and spending habits will not make public relevant to the production of goods happened except the guy.
For example :
      Designated goods : clothing, shoes
(Text above "ESTABLISHED 1874" character, meaning "built in 1874")
       The use of designated commodities : textile machine
10. Easy related to the public the technical characteristics of the mistake occurred.
For example :
       Designated goods : clothing
        The use of designated commodities : antifreeze

3) the mark does not have the notable features of the logo and other elements, it is difficult for the public related to the adoption of the trademark or other elements of the overall identification of the source of commodities, is judged to lack of notable features, application of the "Trademark Law" in the first paragraph of Article 11 (3) of the dismissal.
For example :

The use of designated commodities : industrial adhesive designated use of goods : clothing

"Click" translated as "shoes" "Reliable" translated as "reliable"
The use of designated commodities : shoes designated commodities : metal boxes

"PURITY" translated as "pure"
The use of designated commodities : mineral water use designated services : hotel
But the other elements of the overall trade mark or distinguish goods can play the role except sources.
For example :

The use of designated commodities : 502 binder designated use of goods : clothing Nano

"Click" translated as "shoes", "reliable" translated as "reliable"
The use of designated commodities : shoes designated commodities : metal counters

"PURITY" translated as "pure"
The use of designated commodities : mineral water use designated services : hotel
7, achieved through the use of the notable features of the trademark review
Itself does not have significant characteristic symbol of the trademark achieved through the use of the notable features played a distinction between the role of the source of goods, can be registered as marks.
For example :

The use of designated commodities : toothpaste designated commodity : water heaters
Achieved through the use of the notable features of the trademark review, the public should consider relevant to the brand awareness of the actual use of the trademark and the use of the trademark by the notable features of other factors.

The third part of the same trademark, similar review
A legal basis
"Trademark Law" for the 28th of the application for registration of trademarks, which are not compatible with the relevant provisions of this Act or with others in the same or similar merchandise goods has registered a preliminary validation or trademarks of the same or similar from the Trademark Office to reject the application, not to notice.
"Trademark Law" for the 29th of two or more registered trademarks of the applicant, a commodity in the same or similar merchandise, with the same or similar to the registered trademark applications, and the preliminary validation prior notice of trademark applications; The same day the application for preliminary approval and notice prior to the use of trademarks , and others rejected the application, no notice.
2, the correlation
Property is the same mark in two basic visual discrimination, the use of the same or similar goods or services related to the public so easy for the goods or services originating guy.
Approximate trademark is the trademark font characters, pronunciation, meaning similar to the trademark graphics composition, coloring and appearance similar to, or text and graphics with the overall portfolio composition and appearance similar to the three-dimensional mark in the shape of three-dimensional signs and appearance similar to the trademark colors color or colors Group a similar, for the same or similar goods or services related to the public so easy for the goods or services originating guy.
The same type of goods or services, including the same name but different names and refers to the same things or content of the goods or services.
Merchandise is similar in function, use, production, sales channels, such as targeting the same or similar goods.
A similar service is in the service of objectives, contents, methods, the same object or basically the same service.
The same or similar goods or services identified by "trademark registration of goods and services using the International Classification Table", "similar distinction between goods and services table" as a reference.
Trademarks and the same approximate to determine, first identified the designated use of goods or services belong to the same or similar goods or services; Secondly trademark itself from the shape, sound, meaning and form of overall performance, relevant to the general public attention to the standards and to take over the whole observation and the main part of the way to judge whether the trademark sign the same or similar.
3, identical to the trademark
(1) the same language trademark
Language is the same as, the use of the trademark is the same language and text composition, sequence identical, resulting in the public related to the goods or services originating guy. Because fonts, or case-sensitive alphanumeric characters with a horizontal manner and Arranging Vertically difference between the two marks the nuances and still convicted for the same trademark.
For example :






(2) is the same as graphics
Graphics is the same as is defined in the Trade Marks graphic visual basic differences, resulting in the public related to the goods or services originating guy.
For example :


(3) the same trademark portfolio
Portfolio is the same as that refers to the letter constituted trademark, and its graphical appearance with the same composition, the trademark call and the overall visual basic differences, resulting in the public related to the goods or services originating guy.
For example :


4, trademarks similar to the review
(1) Text of trademark review
1. Chinese trademark pose of the same Chinese characters, or only font design, the Chinese phonetic alphabet, the different sequencing, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :








2. Trademarks by the same foreign language, a letter or digital form, or only to design different fonts, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(Translated as "he") (translated as "he")







But one of the following cases, except :
(1) a trademark or two from non-ordinary language alphabet fonts pose no meaning but obviously different font, the overall trade marks are clearly different, and not so relevant public goods or services to the source of the produce guy.
For example :




(2) trademark by three or more foreign languages letter composition, different order, pronunciation or significantly different font, no meaning or a different meaning, the overall trade marks are clearly different, and not so relevant public goods or services to the source of the produce guy.
For example :



(No meaning) (no meaning)


(No meaning) (translated as "let the trio")

3. Property from two foreign words constitute only different word order, meaning no obvious distinction, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(HAWK translated as "hawk," WOLF translated as "the wolf")


(Win translated as "winners", tech translated as "technical college")

4. Chinese trademark by three or three Chinese characters above constitute only individual Chinese characters different, the overall meaning or no meaning without a clear distinction, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :






But the first word pronunciation or significantly different font, or a whole different meaning, the overall trade marks are clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :






5. Foreign trade mark by four or four more letters constitute only individual letters different from the overall meaning or no meaning without a clear distinction, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(No meaning) (no meaning)


(No meaning) (no meaning)


(Translated as "solar power") (translated as "Sunshine")


(No meaning) (no meaning)

But first alphabet and pronunciation of the characters distinctly different, or a whole different meaning, the overall trade marks are clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :

(Translated as "aspirations") (meaning no)


(No meaning) (no meaning)


(Translated as "Ma") (translated as "house")

6. Chevron similar trademark characters, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :
    & Nbs p;











7. The same language pronunciation trademark or similar, but the overall appearance of the characters or similar, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :








But the meaning of shape or overall appearance clearly different, and not make public the relevant goods or services to the source have mistaken the exception.
For example :








8. Trademark characters meaning the same or similar, resulting in the relevant public goods or services to the source of the produce guy, convicted of similar trademarks.
For example :





(Translated as "Crown")


                                 (French translation of "The Red and the Black")




Translated as "123"





9. Word trademark characters, words which overlap, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :






10. Foreign trademarks only in the plural form of the single, gerund, initials, add the article to compare or rank the most senior, POS and other changes, but expressed basically the same meaning, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(Singular form) (in the plural form)


(Verb form of ordinary) (gerund form)


(All spellings) (short form)


(Terminology conventional forms) (plural form of the word)


(Adj original level) (comparative adjective)


(Adjective form) (noun form)


(Verb form) (noun form)

11. Trademarks are the others prior trademarks with the generic name of goods, models, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(Designated commodities : processed meat) (the use of designated commodities : meat)


(Designated commodities : overalls) (the use of designated commodities : shirts)

12. Trademarks are the trademarks of others earlier said to add some commodity production, sale or use of the word places, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(Designated services : beauty salons) (designated items : beauty salons)


(Designated use of goods : furniture) (Designated use of goods : furniture)


(Designated use of goods : clothing) (Designated use of goods : clothing)


(Designated commodities : food propolis) (the use of designated commodities : non-medical nutrition)


(Designated commodities : Earthenware containers) (the use of designated commodities : pottery)


(Designated services : restaurants) (designated services : restaurants)

13. Trademarks are trademarks of the others had earlier expressed directly with the quality of goods, raw materials, function, use, weight, volume and other characteristics of the characters, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

(Designated commodities : Plant Growth Regulator) (the use of designated commodities : the eradication of harmful animals agents)


(Designated commodities : yogurt) (the use of designated commodities : frozen yogurt)


(Designated commodities : soybean) (the use of designated commodities : food protein)


(Designated commodities : alcoholic beverages) (the use of designated commodities : Liquor)


(Designated commodities : mineral water) (the use of designated commodities : mineral water)


(Designated commodities : Video Phone) (the use of designated commodities : Video Phone)


(Designated commodities : DVD) (the use of designated commodities : DVD machine)


(Designated commodities : sports shoes) (Designated use of goods : shoes)

14. Trademarks are trademarks of the others prior to add modifiers of adjectives or adverbs, and other trademarks significantly weaker language, expressing the meaning basically the same, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

















(Designated use of goods : clothing) (Designated use of goods : clothing)


(Translated as "ostrich") (translated as "the ostrich")


(Translated as "Dragon") (translated as "dragon")


(Translated as "bench") (translated as "red bench")

But the overall meaning or obvious distinction is not easy to make relevant public goods or services from sources other than the produce guy.
For example :








15. Two marks from one or two or more independent parts, which some approximation significantly, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :


















But the overall meaning clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :






16. Trademark integrity prior to include others with a certain profile or significantly stronger language trademarks, resulting in related public considered a series of marks on the goods or services originating guy, convicted of similar trademarks.
For example :

(Designated services : Hotel) (the use of designated services : hotel)


(Designated use of goods : clothing) (Designated use of goods : clothing)


(Designated commodities : cosmetics) (the use of designated commodities : cosmetics)


(Designated commodities : paint) (the use of designated commodities : Paint)


(Designated commodities : Wine) (the use of designated commodities : Wine)

(2) graphics trademark review
1. Trademark graphic compositions and the overall layout of approximation, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :












2. Trademark integrity prior to include others with a certain profile or significantly stronger graphics trademarks, resulting in related public considered a series of marks on the goods or services originating guy, convicted of similar trademarks.
For example :

(Designated use of goods : clothing) (Designated use of goods : clothing)



(3) Property portfolio review
1. Chinese trademarks the same or similar parts, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :











(Designated commodities : medical devices and equipment) (the use of designated commodities : medical diagnostic equipment)

2. Foreign trade marks, letters, numbers the same or similar parts, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :











&, Nbsp;
             & N, BSP;
"Fisher" translated as "Fisherman", "SCIENTIFIC" translated as "scientific"


HERITAGE translated as "legacy" CASHMERE translated as "cashmere"





But the overall call, or the appearance of meaning clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :




3. Trademark different languages of the main characters meaning the same or essentially the same, resulting in the public related to the goods or services originating guy, convicted of similar trademarks. ,,
For example :

                                       (Translated as "prosperity")


(HOPE translated as "hope")


                                        (Translated as "the boss")

(Translated as "gentleman Penguin")





But the overall composition, or call appearance clearly different, and not make public the relevant goods or services to the source have mistaken the exception.
For example :

(WELL & WELL translated as "excellent and good")


(HAPPYTREE can be translated as "happy tree, the tree happy, happy tree")


(Miss me as "miss me")


(UNIQUE translated as "the sole and unique" and the "standard" a certain correlation)

4. Approximate trademark graphics, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :










                    &, Nbsp;

    & N, BSP; & N, BSP; &, Nbsp;

,
& Nbs p; ,; &, Nbsp; & N, BSP;

But graphics-based commodities used logo, or the main decorative effect, background role in trademarks significantly weaker, trademarks overall meaning, call or appearance are clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :
       ,;
   ,


  &nbs, p; & Nb sp;

5. Trademark text, graphics and different, , but with the overall composition or description of the basic things the same, so the overall appearance of trademark or similar meaning, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :





The use of designated commodities : leading splash nozzle designated commodity : water pipes leading

The fourth part of the review of a three-dimensional mark
A legal basis
"Trademark Law" to any of the eighth to natural persons, legal persons or other organizations goods and the goods of others distinguish visibility signs, which include text, graphics, letters, numbers, three-dimensional signs and color combinations of the above elements of the portfolio, can apply for registration as a trademark.
"Trademark Law" to the 12nd of the three-dimensional signs for registered trademarks, just by the nature of their own goods produced in the shape of access to technology and the need to effect some commodity or commodity shape with the shape of substantive value, can not be registered.
2, the correlation
Three-dimensional marks, refers to three-dimensional signs, or other signs of containing three-dimensional signs constitute a trademark. Three-dimensional marks can be in the shape of the commodity itself, the packaging of goods or other three-dimensional signs.
As part of the three-dimensional trademark registration applications in the form and substance of the review process, which includes review of real three-dimensional mark not violate the "Trademark Law" 12nd of the review, the three-dimensional mark notable features of the review and the same three-dimensional marks, similar to the review.
Three-dimensional marks not violate the "Trademark Law" provisions in Article 10 of the review application of the standards the first part of the provisions.
3, in the form of a three-dimensional mark review
(1) application for the registration of three-dimensional marks, the applicant must be in the application statement. The statement did not, as a two-dimensional marks.
(2) application for the registration of three-dimensional marks, the applicant must submit to determine the three-dimensional shape of the reproduction of the mark. The need to introduce multi-view, it should be placed with a reproduction of the mark, and a maximum of more than six. Reproductions of long relief or not to be more than 10 centimeters, not less than 5 cm.
4, the three-dimensional mark substantive review
(1) only by the nature of their goods produced in the shape
By the nature of their goods produced in the shape of commodity refers to the inherent function and the use of the required or commonly used forms.
For example :
The use of designated commodities : security deduction
(2) only for access to technology and the need to effect some commodities shape
For access to technology and the need to effect some commodities shape, is defined as a commodity with specific functions, or commodity inherent function more easily achieve the necessary shape.
For example :
The use of designated commodities : Power Plug
   The use of designated commodities : Vessels
(3), the only commodity the value of the substantive shape
Commodity substantive value of the shape, is defined as a commodity shape and the appearance of the value of goods affected by the use of shapes.
For example :

The use of designated commodities : porcelain decorations designated commodities : brooches (jewelry)
(4) the three-dimensional mark notable features of the review
Three-dimensional marks only the designated use of generic products or commonly used forms, packaging or not play the whole distinction source of commodities, and the applicant to submit the reproduction of the mark is difficult to determine their three-dimensional shape of the edges of the lack of notable features.
1. Only designated the common use of goods or common shape.
For example :

The use of designated commodities : the use of loudspeakers specified goods : chocolate
Designated goods : chocolate cake
However, the use of non-designated commodity generic or common shape or contain other notable features of the signs of acceptance.
For example :

The use of designated commodities : nutrition designated commodities : vehicles and parts
2. Only designated the common use of goods or packaging of commonly used.
For example :
Designated goods : chocolate, candy

指定使用商品：烈性酒指定使用商品：化妆品
However, the use of non-designated commodity generic or common packaging or contain other notable features of the signs of acceptance.
For example :

The use of designated commodities : fruit juice beverages and the use of designated commodities : beer
3. The lack of other notable characteristic.
For example :
The use of designated commodities : boxes of glasses and glasses

The use of designated commodities : designated use of goods vehicles : perfume
But three-dimensional logo itself has the notable features of the exception.
For example :
Designated services : restaurants, hotels
(5) the same three-dimensional marks, similar to the review
The same three-dimensional marks, similar to the review, including three-dimensional and three-dimensional marks between trademarks and trademarks same plane, similar to the review.
1. Between the same three-dimensional marks, similar to the review
(1) 2 are trademarks of 3D signs of a single composition, the two trademark logos 3D structure, shape and overall visual effect the same or similar, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
(2) are two trademarks with the notable features of the three-dimensional signs and other notable characteristic symbol of the combination of the two trademarks of 3D signs or other signs the same as or similar to, resulting in the relevant public goods or services to the source of the produce guy, convicted for the same or similar trademark.
(3) are two trademarks with the notable features of the other signs and not have the notable features of the combination of three-dimensional signs, the other two trademarks the same or similar marks, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
But other signs are clearly different and will not make public the relevant goods or services from sources other than the produce guy.
For example :

(Text : KURG) (text : LA GRANDE DAME)
2. Three-dimensional marks and trademarks same plane, similar to the review
(1) by three-dimensional mark with the notable features of the other signs and not have the notable features of the combination of three-dimensional signs, and other signs of the plane trademark with the notable features of the same or similar parts, resulting in the public related to the goods or services have mistaken the origin sentenced for the same or similar trademark .
For example :

(2) three-dimensional mark of three-dimensional signs with the notable features, but the visual effects on two-dimensional marks with the notable features of the same or similar parts, resulting in the public related to the goods or services have mistaken the origin sentenced for the same or similar trademark.
For example :

Designated goods : clothing, shoes, hats designated use of goods : clothing, shoes, hats

The fifth part of the color combination of trademark review
A legal basis
"Trademark Law" to any of the eighth to natural persons, legal persons or other organizations goods and the goods of others distinguish visibility signs, which include text, graphics, letters, numbers, three-dimensional signs and color combinations of the above elements of the portfolio, can apply for registration as a trademark.
2, the correlation
Color combination trademark refers to two or more colors constitute trademarks.
Some of the provisions in the color combination of trademark registration applications in the form of review and substantive review, which include substantive review trademark color combination of the significant characteristics of the review and the same color combination of trademarks, similar to the review.
Color combination not violate trademark "Trademark Law" provisions in Article 10 of the review application of the standards the first part of the provisions.
3, the color combination in the form of trademark review
(1) application for registration of the trademark color combination, the applicant must be the voice applications
Ming. The statement did not, even if the applicant submits the color reproduction is not a color combination of trademark review.
(2) the applicant must submit a clear color graphics, and marked No. chromatography.
4, the color combination of the essence of trademark review
(1) color combination marks the notable features of the review
Color combination marks only the designated use of the natural colors of goods, commodities or that the packaging and service establishments generic or common color, and the only color combination applicants do not submit a textual description of the color reproduction, is judged to lack of notable features.
1. Only designated commodities natural colors
For example :
The use of designated commodities : mustard
2. Only designated commodities themselves or packaging materials, and service establishments generic or common color
For example :

The use of designated commodities : detergent, laundry tablets designated services : computer

Designated items : hair designated commodities : IC cards, calculating disk
(2) the same color combination of trademarks, similar review
The same color combination of trademarks, similar to the review of trademark color combinations and color combination between trademarks and trademarks plane, the same three-dimensional marks, similar to the review.
1. Between trademark color combination of the same, similar review
Two trademarks are trademarks color combination, the color combinations and with the same or similar manner, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
For example :

But the trademark used by different colors, or while using the same or similar colors but different permutations and combinations way, the public will not make the relevant goods or services to the source have mistaken the exception.
For example :




2. Color combination of trademark and trademark flat, the same three-dimensional marks, similar to the review
Color combination of trademark and trademark flat or three-dimensional graphics designated trademarks the same or similar color, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
For example :

Although the use of the same or similar color, but the overall effect can vary greatly and will not make public the relevant goods or services from sources other than the produce guy.
For example :




The sixth part of the collective marks, certification marks review
A legal basis
"Trademark Law" in the third of the Board approved by the trademark registration of a trademark registered trademarks, including trademarks, service marks and collective marks, certification marks; Trademark registration enjoy the exclusive right of trademark, protected by the law.
Collective marks mentioned in this law, refers to groups, associations, or other organizations registered for the members of the commercial activities to use, to show users in the organization's membership signs.
This law proved trademarks, refers to a particular type of goods or services, and have the ability to supervise organization under the control of the organization from outside the unit or individuals to use their goods or services to certify that the goods or services of origin, raw materials, manufacturing methods, quality or other specific quality Features.
Collective marks to prove that the trademark registration and management of the special matters, the State Council industrial and commercial administration department.
"Trademark Law" marks the 16th of a commodity geographical indications, which comes from the commodity is not showing signs of the region, misleading the public, no registration and prohibit use; However, the goodwill has made registration continue to be effective.
Above the alleged geographical indications, the indicator showed a certain commodities from regions of the commodity specific quality, reputation or other characteristics, mainly from the region's natural or human factors determined by the signs.
"Implementation of the Trademark Law Ordinance," the sixth of the first paragraph of Article 16 of the Trademark Law of geographical indications, in accordance with the Trademark Law and the provisions of this Ordinance, as certification marks or collective registered trademark applications.
State Administration for Industry and Commerce "collective marks, certification trademark registration and management approach" (June 1, 2003 implementation).
2, the correlation
The collective marks, certification marks from the "Trademark Law" 8 of the signs or "trademark" of the 16 geographical indications pose. The third part of the 4th of collective marks, certification marks the main qualifications of the applicants, the rules governing the use of the review.
Geographical Indications as to the collective marks, certification marks, and its main applicant qualifications and the use of management rules should conform to the "collective marks, certification trademark registration and management," the special conditions and the fifth part of the right of such collective marks, certification marks review.
The collective marks, certification marks shall not be violated "Trademark Law" Article 10, paragraph 1, Article 11, Article 28 and Article 29 of the review, the application of the standards first, second and third part of some of the requirements.
3, collective marks review
(A) The applicant eligibility review
1. Applicants should submit their lawfully established eligibility documents. The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should submit materials to elaborate on the collective members of the Organization of the names and addresses.
(2) the collective use of the trademark management rules under review
Collective management of the use of trade marks rules should include the following main elements :
1. The use of collective trademark purposes;
2. Use of the collective marks the quality of goods;
3. Use of the collective marks procedures;
4. The collective use of the trademark rights, obligations;
5. Members of violating rules governing their use should assume the responsibility;
6. Registration for the use of the collective marks commodity inspection system.
4, certification marks review
(A) The applicant eligibility review
1. The applicant must submit its established by the main proof of their eligibility. The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should have oversight of the certification trademark has been proved by the quality of commodities specific capabilities. The applicant must submit a detailed explanation of materials with the appropriate professional technical and professional testing equipment, or its authorized agencies have the expertise and professionalism of the detection equipment.
(2) prove that the use of the trademark management rules under review
To prove the use of the trademark management rules should include the following main elements :
1. The use of certification marks the purpose;
2. The certification marks proven commodity specific quality;
3. The use of certification marks;
4. Use of the certification trademark procedures;
5. Use of the certification trademark rights and obligations;
6. Use breach of the rules governing the use of the responsibility should be borne;
7. Persons registered to use the certification marks commodity inspection system.
Five to geographical indications as collective marks, certification marks review
(A) The applicant eligibility review
1. The applicant must submit its established by the main proof of their eligibility, and enclose the jurisdiction of the geographical indications showing that the government, or the department in charge of industry agrees to the application of geographical indications to the ratification documents. The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should have to monitor the use of the geographical indications of goods specified quality capabilities.
The applicant must submit a detailed explanation of materials with the appropriate professional technical and professional testing equipment, or its authorized agencies have the expertise and professional testing equipment, and submitted by the provincial or above the provincial level departments in charge is issued by the oversight capacity of documents.
3. Apply for geographical indications as a collective trademark registration, organizations, associations, or other organizations, should come from the sign marking the geographic area of the composition.
4. Foreigners or foreign enterprises to apply for geographical indications as collective marks, certification marks registered, the applicant must provide geographical indications in its own name in the home country are protected by law proof.
(2) the use of management rules under review
Geographical Indications as to the collective marks, certification marks use management rules applicable to review this part of the third, a fourth, also on collective marks, certification marks the use of specific commodity quality, reputation or other characteristics as well as its geographical scope of product review.
1. The use of commodity-specific quality of the review.
As geographical indications of collective marks, certification marks should be used with a specific commodity quality, reputation or other characteristics.
For example :
The use of designated commodities : Pear
(Korla Pear, the bark is thin and crispy, nuclear small. When picking epidermal yellowish green, a little store and then gold, and issued a unique flavor. Sugar content of 10.4%, Vitamin C 4.4 mg Swiss about edible parts of about 83.6% .)
The use of designated commodities : Onion
(Zhangqiu leeks can be as high as 1.5 meters, long salad from 0.5 to 0.6 meters, 2100 from 3 to 5 centimeters, is a heavy burden, to be known as the "onion Wang." Desalination Zhangqiu onions and potatoes, sweet scent Run, Mast salad and crisp flesh, but not for long degenerated chewing without a wire, plenty sweet.)
As geographical indications of collective marks, certification marks the use of commodities with a specific quality, reputation or other unique characteristic of the application of the "Trademark Law" Article 16, paragraph 2, be dismissed.
For example :
The use of designated commodities : soy sauce
(Material submitted by the applicant does not show in a particular geographic area within the production of soy sauce with specific quality, reputation or other unique characteristics.)
2. As geographical indications of collective marks, certification marks the use of specific commodity quality, reputation or other characteristics of the geographic regions showing signs of the natural factors or human factors in the review.
As geographical indications of collective marks, certification marks the use of specific commodity quality, reputation or other characteristics should mainly by the geographical indications showing that the region's natural or human factors decision.
(1) the principal by the local natural conditions decision.
For example :
The use of designated commodities : fresh grapes
(Xinjiang Turpan unique to the soil, sunlight and other natural resources decision "Turpan Grape" with bark is thin, crispy, high-sugar low-acid, high rates stem unique quality.)
The use of designated commodities : Tea
( "Tie" is a semi-fermented tea, produced in Anxi County of Fujian Province, producing sub-tropical maritime monsoon climate, mountains, thick soil, organic matter content. Producing the soil, elevation, temperature, precipitation, temperature and humidity, coupled with its unique system of early technology, creating a "designation" form tight guitar-shi, Green Color Guard machinery oil, the rich aroma of brewing after lasting, bright golden soup, rich and gaudy crystal clear, mellow taste, mellow sweet; the unique quality.)
(2) from natural factors and human factors.
For example :
The use of designated commodities : rice wine
(Shaoxing rice wine is a specific quality by Jianhu Lake water and unique production process by the decision. Origin within four distinct seasons, plenty of rain and wine suitable for the growth of microorganisms. Jianhu Lake water quality and fish, rich in minerals and trace elements. Shaoxing rice wine used over white rice as raw materials, and with Jianhu Lake the brewing water, forming the color orange, transparent crystal and taste mellow and soft mellow quality.)
(3) major decision by the human factor.
For example :
The use of designated commodities : fabric; Decorative fabrics
(Early Ming Dynasty arouse public artists Nanjing brocade technique invented technology, more than 1500 years of hand-woven history. "Wood-makeup flowers" on the history of China's brocade only survive till now but not by machines, just given the population of heart-weaving process.)
3. Production geographical scope of the review.
Applicants for geographical indications showing that the production of goods geographical scope should be at the provincial level or above the provincial level departments in charge of a certificate be recognized that the geographical scope of the need and location of the existing administrative divisions name, the full range.
Production geographical area can one define the following manner :
(1) Latitude and longitude of the way;

(2) the natural environment of the mountains, rivers and other geographical features of the limits of the approach;
(3) maps marking the way;
(4) Other production can be clearly defined geographical scope of the way.

The seventh part of the review of special signs
A legal basis
The State Council's "special signs Management Ordinance" (July 13, 1996 implementation)
2, the correlation
Special signs is approved by the State Council held a national and international cultural, sports, scientific research and other social welfare activities for use, by the text, graphics component of the name and initials, the emblem, mascot of the mark.
Special signs for the duration of four years, since the approved date of registration of calculation. Special signs all the effective within three months of the expiry of the extension application.
Special signs based on the "special signs Management Ordinance" for the review of the form, substance and registration, which contain substantive review to the legal and administrative regulations prohibit the content and the lack of significant review, not including violations of the "Trademark Law" of the 28th and 29th of the review. Registered special logo infringement prior trademarks, patents or copyrights, and any unit or individual to the State Council, the industrial and commercial administration departments requesting special signs declared invalid registration.
3, to review the contents of
(1) in the form of special signs review
Special signs applicant must submit the following documents :
1. The State Council approved the social welfare activities of the document.
2. Permit the use of the distinctive emblems of the conditions and management practices.
(2) the substance of the distinctive emblems review
Contain the following text, graphics component of the special signs, no registration :
1. Damage to national or international organizations or the dignity of the image;
2. Good harmful to the social customs and public order;
3. With ethnic discrimination, is not conducive to national unity;
4. The lack of significant and would not facilitate identification;
5. Legal, administrative regulations prohibit the other.
4, requesting special signs declared invalid registration procedures
Have been allowed to register to signify a special one of the following cases, units and individuals can sign the special notice was published to the date of expiry of the effective period, the industrial and commercial administration to the State Council departments and provide justification, the corresponding evidence, request special signs declared invalid registration :
(1) has the same prior to the special signs for the same or similar;
(2) with the prior application has been registered trademark or a registered trademark of the same or similar;
(3) have the same designs prior patent application or patent law has the same exterior design patent or similar;
(4) the infringement of copyrights.
“FISHER”译为“渔夫”，“SCIENTIFIC”译为“科学的”
HERITAGE译为“遗产”，CASHMERE译为“羊绒”

But the overall call, or the appearance of meaning clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :

3. Trademark different languages of the main characters meaning the same or essentially the same, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.

For example :

（译为“繁荣”）

（HOPE译为“希望”）


（boss译为“老板”）

（Gentry penguins译为“绅士企鹅”）

But the overall composition, or call appearance clearly different, and not make public the relevant goods or services to the source have mistaken the exception.
For example :

（WELL & WELL译为“好和好”）


（HAPPYTREE可译为“快乐树、开心树、幸福树”等）


（miss me译为“思念我”）


（UNIQUE译为“唯一的、独特的”，与“不二”有一定对应关系）

4. Approximate trademark graphics, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

But graphics-based commodities used logo, or the main decorative effect, background role in trademarks significantly weaker, trademarks overall meaning, call or appearance are clearly different, and not so relevant public goods or services from sources other than the produce guy.
For example :

5. Trademark text, graphics and different, but with the overall composition or description of the basic things the same, so the overall appearance of trademark or similar meaning, resulting in the public related to the goods or services originating guy, convicted of similar trademarks.
For example :

The use of designated commodities : leading splash nozzle designated commodity : water pipes leading

The fourth part of the review of a three-dimensional mark
A legal basis
"Trademark Law" to any of the eighth to natural persons, legal persons or other organizations goods and the goods of others distinguish visibility signs, which include text, graphics, letters, numbers, three-dimensional signs and color combinations of the above elements of the portfolio, can apply for registration as a trademark.
"Trademark Law" to the 12nd of the three-dimensional signs for registered trademarks, just by the nature of their own goods produced in the shape of access to technology and the need to effect some commodity or commodity shape with the shape of substantive value, can not be registered.
2, the correlation
Three-dimensional marks, refers to three-dimensional signs, or other signs of containing three-dimensional signs constitute a trademark. Three-dimensional marks can be in the shape of the commodity itself, the packaging of goods or other three-dimensional signs.
As part of the three-dimensional trademark registration applications in the form and substance of the review process, which includes review of real three-dimensional mark not violate the "Trademark Law" 12nd of the review, the three-dimensional mark notable features of the review and the same three-dimensional marks, similar to the review.
Three-dimensional marks not violate the "Trademark Law" provisions in Article 10 of the review application of the standards the first part of the provisions.
3, in the form of a three-dimensional mark review
(1) application for the registration of three-dimensional marks, the applicant must be in the application statement. The statement did not, as a two-dimensional marks.
(2) application for the registration of three-dimensional marks, the applicant must submit to determine the three-dimensional shape of the reproduction of the mark. The need to introduce multi-view, it should be placed with a reproduction of the mark, and a maximum of more than six. Reproductions of long relief or not to be more than 10 centimeters, not less than 5 cm.
4, the three-dimensional mark substantive review
(1) only by the nature of their goods produced in the shape
By the nature of their goods produced in the shape of commodity refers to the inherent function and the use of the required or commonly used forms.
For example :
The use of designated commodities : security deduction
(2) only for access to technology and the need to effect some commodities shape
For access to technology and the need to effect some commodities shape, is defined as a commodity with specific functions, or commodity inherent function more easily achieve the necessary shape.
For example :
The use of designated commodities : Power Plug
   The use of designated commodities : Vessels
(3), the only commodity the value of the substantive shape
Commodity substantive value of the shape, is defined as a commodity shape and the appearance of the value of goods affected by the use of shapes.
For example :

The use of designated commodities : porcelain decorations designated commodities : brooches (jewelry)
(4) the three-dimensional mark notable features of the review
Three-dimensional marks only the designated use of generic products or commonly used forms, packaging or not play the whole distinction source of commodities, and the applicant to submit the reproduction of the mark is difficult to determine their three-dimensional shape of the edges of the lack of notable features.
1. Only designated the common use of goods or common shape.
For example :

The use of designated commodities : the use of loudspeakers specified goods : chocolate
Designated goods : chocolate cake
However, the use of non-designated commodity generic or common shape or contain other notable features of the signs of acceptance.
For example :

The use of designated commodities : nutrition designated commodities : vehicles and parts
2. Only designated the common use of goods or packaging of commonly used.
For example :
Designated goods : chocolate, candy

The use of designated commodities : liquor designated commodities : cosmetics
However, the use of non-designated commodity generic or common packaging or contain other notable features of the signs of acceptance.
For example :

The use of designated commodities : fruit juice beverages and the use of designated commodities : beer
3. The lack of other notable characteristic.
For example :
The use of designated commodities : boxes of glasses and glasses

The use of designated commodities : designated use of goods vehicles : perfume
But three-dimensional logo itself has the notable features of the exception.
For example :
Designated services : restaurants, hotels
(5) the same three-dimensional marks, similar to the review
The same three-dimensional marks, similar to the review, including three-dimensional and three-dimensional marks between trademarks and trademarks same plane, similar to the review.
1. Between the same three-dimensional marks, similar to the review
(1) 2 are trademarks of 3D signs of a single composition, the two trademark logos 3D structure, shape and overall visual effect the same or similar, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
(2) are two trademarks with the notable features of the three-dimensional signs and other notable characteristic symbol of the combination of the two trademarks of 3D signs or other signs the same as or similar to, resulting in the relevant public goods or services to the source of the produce guy, convicted for the same or similar trademark.
(3) are two trademarks with the notable features of the other signs and not have the notable features of the combination of three-dimensional signs, the other two trademarks the same or similar marks, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
But other signs are clearly different and will not make public the relevant goods or services from sources other than the produce guy.
For example :

（文字：KURG）（文字：LA GRANDE DAME）

2. Three-dimensional marks and trademarks same plane, similar to the review
(1) by three-dimensional mark with the notable features of the other signs and not have the notable features of the combination of three-dimensional signs, and other signs of the plane trademark with the notable features of the same or similar parts, resulting in the public related to the goods or services have mistaken the origin sentenced for the same or similar trademark .
For example :

(2) three-dimensional mark of three-dimensional signs with the notable features, but the visual effects on two-dimensional marks with the notable features of the same or similar parts, resulting in the public related to the goods or services have mistaken the origin sentenced for the same or similar trademark.
For example :

Designated goods : clothing, shoes, hats designated use of goods : clothing, shoes, hats

The fifth part of the color combination of trademark review
A legal basis
"Trademark Law" to any of the eighth to natural persons, legal persons or other organizations goods and the goods of others distinguish visibility signs, which include text, graphics, letters, numbers, three-dimensional signs and color combinations of the above elements of the portfolio, can apply for registration as a trademark.
2, the correlation
Color combination trademark refers to two or more colors constitute trademarks.
Some of the provisions in the color combination of trademark registration applications in the form of review and substantive review, which include substantive review trademark color combination of the significant characteristics of the review and the same color combination of trademarks, similar to the review.
Color combination not violate trademark "Trademark Law" provisions in Article 10 of the review application of the standards the first part of the provisions.
3, the color combination in the form of trademark review
(1) application for registration of the trademark color combination, the applicant must be the voice applications
Ming. The statement did not, even if the applicant submits the color reproduction is not a color combination of trademark review.
(2) the applicant must submit a clear color graphics, and marked No. chromatography.
4, the color combination of the essence of trademark review
(1) color combination marks the notable features of the review
Color combination marks only the designated use of the natural colors of goods, commodities or that the packaging and service establishments generic or common color, and the only color combination applicants do not submit a textual description of the color reproduction, is judged to lack of notable features.
1. Only designated commodities natural colors
For example :
The use of designated commodities : mustard
2. Only designated commodities themselves or packaging materials, and service establishments generic or common color
For example :

The use of designated commodities : detergent, laundry tablets designated services : computer

Designated items : hair designated commodities : IC cards, calculating disk
(2) the same color combination of trademarks, similar review
The same color combination of trademarks, similar to the review of trademark color combinations and color combination between trademarks and trademarks plane, the same three-dimensional marks, similar to the review.
1. Between trademark color combination of the same, similar review
Two trademarks are trademarks color combination, the color combinations and with the same or similar manner, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
For example :

But the trademark used by different colors, or while using the same or similar colors but different permutations and combinations way, the public will not make the relevant goods or services to the source have mistaken the exception.
For example :




2. Color combination of trademark and trademark flat, the same three-dimensional marks, similar to the review
Color combination of trademark and trademark flat or three-dimensional graphics designated trademarks the same or similar color, resulting in the public related to the goods or services originating guy, convicted for the same or similar trademark.
For example :

Although the use of the same or similar color, but the overall effect can vary greatly and will not make public the relevant goods or services from sources other than the produce guy.
For example :




The sixth part of the collective marks, certification marks review
A legal basis
"Trademark Law" in the third of the Board approved by the trademark registration of a trademark registered trademarks, including trademarks, service marks and collective marks, certification marks; Trademark registration enjoy the exclusive right of trademark, protected by the law.
Collective marks mentioned in this law, refers to groups, associations, or other organizations registered for the members of the commercial activities to use, to show users in the organization's membership signs.
This law proved trademarks, refers to a particular type of goods or services, and have the ability to supervise organization under the control of the organization from outside the unit or individuals to use their goods or services to certify that the goods or services of origin, raw materials, manufacturing methods, quality or other specific quality Features.
Collective marks to prove that the trademark registration and management of the special matters, the State Council industrial and commercial administration department.
"Trademark Law" marks the 16th of a commodity geographical indications, which comes from the commodity is not showing signs of the region, misleading the public, no registration and prohibit use; However, the goodwill has made registration continue to be effective.
Above the alleged geographical indications, the indicator showed a certain commodities from regions of the commodity specific quality, reputation or other characteristics, mainly from the region's natural or human factors determined by the signs.
"Implementation of the Trademark Law Ordinance," the sixth of the first paragraph of Article 16 of the Trademark Law of geographical indications, in accordance with the Trademark Law and the provisions of this Ordinance, as certification marks or collective registered trademark applications.
State Administration for Industry and Commerce "collective marks, certification trademark registration and management approach" (June 1, 2003 implementation).
2, the correlation
The collective marks, certification marks from the "Trademark Law" 8 of the signs or "trademark" of the 16 geographical indications pose. The third part of the 4th of collective marks, certification marks the main qualifications of the applicants, the rules governing the use of the review.
Geographical Indications as to the collective marks, certification marks, and its main applicant qualifications and the use of management rules should conform to the "collective marks, certification trademark registration and management," the special conditions and the fifth part of the right of such collective marks, certification marks review.
The collective marks, certification marks shall not be violated "Trademark Law" Article 10, paragraph 1, Article 11, Article 28 and Article 29 of the review, the application of the standards first, second and third part of some of the requirements.
3, collective marks review
(A) The applicant eligibility review
1. Applicants should submit their lawfully established eligibility documents. The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should submit materials to elaborate on the collective members of the Organization of the names and addresses.
(2) the collect, ive use of the trademark management rules under review
Collective management o, f the use of trade marks rules should include the following main elements :
1. The use of collective trademark purposes;
2. Use of the collective marks the quality of goods;
3. Use of the collective marks procedures;
4. The collective use of the trademark rights, obligations;
5. Members of violating rules governing their use should assume the responsibility;
6. Registration for the use of the collective marks commodity inspection system.
4, certification marks review
(A) The applicant eligibility review
1.The applicant must submit its established by the main proof of their eligibility.The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should have oversight of the certification trademark has been proved by the quality of commodities specific capabilities. The applicant must submit a detailed explanation of materials with the appropriate professional technical and professional testing equipment, or its authorized agencies have the expertise and professionalism of the detection equipment.
(2) prove that the use of the trademark management rules under review
To prove the use of the trademark management rules should include the following main elements :
1. The use of certification marks the purpose;
2. The certification marks proven commodity specific quality;
3. The use of certification marks;
4. Use of the certification trademark procedures;
5. Use of the certification trademark rights and obligations;
6. Use breach of the rules governing the use of the responsibility should be borne;
7. Persons registered to use the certification marks commodity inspection system.
Five to geographical indications as collective marks, certification marks review
(A) The applicant eligibility review
1. The applicant must submit its established by the main proof of their eligibility, and enclose the jurisdiction of the geographical indications showing that the government, or the department in charge of industry agrees to the application of geographical indications to the ratification documents. The main qualification documents including business licenses of enterprises, institutions, social organizations are established by law, such as the ratification documents.
2. Applicants should have to monitor the use of the geographical indications of goods specified quality capabilities.
The applicant must submit a detailed explanation of materials with the appropriate professional technical and professional testing equipment, or its authorized agencies have the expertise and professional testing equipment, and submitted by the provincial or above the provincial level departments in charge is issued by the oversight capacity of documents.
3. Apply for geographical indications as a collective trademark registration, organizations, associations, or other organizations, should come from the sign marking the geographic area of the composition.

4. Foreigners or foreign enterprises to apply for geographical indications as collective marks, certification marks registered, the applicant must provide geographical indications in its own name in the home country are protected by law proof.
(2) the use of management rules under review
Geographical Indications as to the collective marks, certification marks use management rules applicable to review this part of the third, a fourth, also on collective marks, certification marks the use of specific commodity quality, reputation or other characteristics as well as its geographical scope of product review.
1. The use of commodity-specific quality of the review.
As geographical indications of collective marks, certification marks should be used with a specific commodity quality, reputation or other characteristics.
For example :
The use of designated commodities : Pear
(Korla Pear, the bark is thin and crispy, nuclear small. When picking epidermal yellowish green, a little store and then gold, and issued a unique flavor. Sugar content of 10.4%, Vitamin C 4.4 mg Swiss about edible parts of about 83.6% .)
The use of designated commodities : Onion
（

Zhangqiu leeks can be as high as 1.5 meters, long salad from 0.5 to 0.6 meters, 2100 from 3 to 5 centimeters, is a heavy burden, to be known as the "onion Wang." Desalination Zhangqiu onions and potatoes, sweet scent Run, Mast salad and crisp flesh, but not for long degenerated chewing without a wire, plenty sweet.)
As geographical indications of collective marks, certification marks the use of commodities with a specific quality, reputation or other unique characteristic of the application of the "Trademark Law" Article 16, paragraph 2, be dismissed.
For example :
The use of designated commodities : soy sauce
(Material submitted by the applicant does not show in a particular geographic area within the production of soy sauce with specific quality, reputation or other unique characteristics.)
2. As geographical indications of collective marks, certification marks the use of specific commodity quality, reputation or other characteristics of the geographic regions showing signs of the natural factors or human factors in the review.
As geographical indications of collective marks, certification marks the use of specific commodity quality, reputation or other characteristics should mainly by the geographical indications showing that the region's natural or human factors decision.
(1) the principal by the local natural conditions decision.
For example :
The use of designated commodities : fresh grapes
(Xinjiang Turpan unique to the soil, sunlight and other natural resources decision "Turpan Grape" with bark is thin, crispy, high-sugar low-acid, high rates stem unique quality.)
The use of designated commodities : Tea
( "Tie" is a semi-fermented tea, produced in Anxi County of Fujian Province, producing sub-tropical maritime monsoon climate, mountains, thick soil, organic matter content. Producing the soil, elevation, temperature, precipitation, temperature and humidity, coupled with its unique system of early technology, creating a "designation" form tight guitar-shi, Green Color Guard machinery oil, the rich aroma of brewing after lasting, bright golden soup, rich and gaudy crystal clear, mellow taste, mellow sweet; the unique quality.)
(2) from natural factors and human factors.
For example :
The use of designated commodities : rice wine
(Shaoxing rice wine is a specific quality by Jianhu Lake water and unique production process by the decision. Origin within four distinct seasons, plenty of rain and wine suitable for the growth of microorganisms. Jianhu Lake water quality and fish, rich in minerals and trace elements. Shaoxing rice wine used over white rice as raw materials, and with Jianhu Lake the brewing water, forming the color orange, transparent crystal and taste mellow and soft mellow quality.)
(3) major decision by the human factor.
For example :
The use of designated commodities : fabric; Decorative fabrics
(Early Ming Dynasty arouse public artists Nanjing brocade technique invented technology, more than 1500 years of hand-woven history. "Wood-makeup flowers" on the history of China's brocade only survive till now but not by machines, just given the population of heart-weaving process.)
3. Production geographical scope of the review.
Applicants for geographical indications showing that the production of goods geographical scope should be at the provincial level or above the provincial level departments in charge of a certificate be recognized that the geographical scope of the need and location of the existing administrative divisions name, the full range.
Production geographical area can one define the following manner :
(1) Latitude and longitude of the way;
(2) the natural environment of the mountains, rivers and other geographical features of the limits of the approach;
(3) maps marking the way;
(4) Other production can be clearly defined geographical scope of the way.

The seventh part of the review of special signs
A legal basis
The State Council's "special signs Management Ordinance" (July 13, 1996 implementation)
2, the correlation
Special signs is approved by the State Council held a national and international cultural, sports, scientific research and other social welfare activities for use, by the text, graphics component of the name and initials, the emblem, mascot of the mark.
Special signs for the duration of four years, since the approved date of registration of calculation. Special signs all the effective within three months of the expiry of the extension application.
Special signs based on the "special signs Management Ordinance" for the review of the form, substance and registration, which contain substantive review to the legal and administrative regulations prohibit the content and the lack of significant review, not including violations of the "Trademark Law" of the 28th and 29th of the review. Registered special logo infringement prior trademarks, patents or copyrights, and any unit or individual to the State Council, the industrial and commercial administration departments requesting special signs declared invalid registration.
3, to review the contents of
(1) in the form of special signs review
Special signs applicant must submit the following documents :
1. The State Council approved the social welfare activities of the document.
2. Permit the use of the distinctive emblems of the conditions and management practices.
(2) the substance of the distinctive emblems review
Contain the following text, graphics component of the special signs, no registration :
1. Damage to national or international organizations or the dignity of the image;
2. Good harmful to the social customs and public order;
3. With ethnic discrimination, is not conducive to national unity;
4. The lack of significant and would not facilitate identification;
5. Legal, administrative regulations prohibit the other.
4, requesting special signs declared invalid registration procedures
Have been allowed to register to signify a special one of the following cases, units and individuals can sign the special notice was published to the date of expiry of the effective period, the industrial and commercial administration to the State Council departments and provide justification, the corresponding evidence, request special signs declared invalid registration :
(1) has the same prior to the special signs for the same or similar;
(2) with the prior application has been registered trademark or a registered trademark of the same or similar;
(3) have the same designs prior patent application or patent law has the same exterior design patent or similar;
(4) the infringement of copyrights.